United States District Court, C.D. California
R. J., a minor, individually and as Successor in Interest to RAMMY JARADAT, deceased, by and through his Guardian Ad Litem, MOHAMMED JARADAT, Plaintiff,
CITY OF LOS ANGELES, a municipal entity, OFFICER DEREK LEIPHARDT, an individual, and DOES 1 through 10, inclusive, Defendants,
P. Ramirez (State Bar No. 134865), Tony M. Sain (State Bar
No. 251626), Andrea K. Kornblau (State Bar No. 291613)
MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP, Attorneys
for Defendants, OFFICER DEREK LEIPHARDT
Consuelo B. Marshall, Dist. Judge.
[PROPOSED] PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS
STEVE KIM, MAG. JUDGE.
TO THE STIPULATION OF THE PARTIES (“Stipulation for
Entry of Protective Order re Confidential Documents”),
and pursuant to the Court's inherent and statutory
authority, including but not limited to the Court's
authority under the applicable Federal Rules of Civil
Procedure and the United States District Court, Central
District of California Local Rules; after due consideration
of all of the relevant pleadings, papers, and records in this
action; and upon such other evidence or argument as was
presented to the Court; Good Cause appearing therefor, and in
furtherance of the interests of justice, IT IS HEREBY ORDERED
SCOPE OF PROTECTION.
protections conferred by the parties' Stipulation and
this Order cover not only Protected Material/Confidential
Documents (as defined below), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by the
parties' Stipulation and this Order do not cover
the following information: (a) any information that is in the
public domain at the time of disclosure to a Receiving Party
or becomes part of the public domain after its disclosure to
a Receiving Party as a result of publication not involving a
violation of this Order, including becoming part of the
public record through trial or otherwise; and (b) any
information known to the Receiving Party prior to the
disclosure or obtained by the Receiving Party after the
disclosure from a source who obtained the information
lawfully and under no obligation of confidentiality to the
to the extent specified herein (if any), any use of Protected
Material at trial shall not be governed by this Order, but
may be governed by a separate agreement or order. The
Definitions section of the parties' associated
Stipulation (§ 2) is incorporated by reference herein.
of Protected Material at trial shall be governed by the
Orders of the trial judge: this Stipulation and its
associated Protective Order do(es) not govern the use of
Protected Material at trial.
PURPOSES AND LIMITATIONS.
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting or defending this litigation would be warranted.
Accordingly, the parties have stipulated to and petitioned
the court to enter the following Order.
parties have acknowledged that this Order does not confer
blanket protections on all disclosures or responses to
discovery and that the protection it affords extends only to
the specified information or items that are entitled to
treatment as confidential.
parties further acknowledge, as set forth below, that this
Order creates no entitlement to file confidential information
under seal, except to the extent specified herein; Central
District Local Rules 79-5.1 and 79-5.2 set(s) forth the
procedures that must be followed and reflects the standards
that will be applied when a party seeks permission from the
Court to file material under seal.
in this Order shall be construed so as to require or mandate
that any Party disclose or produce privileged information or
records that could be designated as Confidential
Documents/Protected Material hereunder.
DURATION OF PROTECTION.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs.
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; or (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews of this action, including the time limits for
filing any motions or applications for extension of time
pursuant to applicable law.
DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL
Exercise of Restraint and Care in Designating Material
Party or non-party that designates information or items for
protection under the parties' Stipulation and this Order
must take care to limit any such designation to specific
material that qualifies under the appropriate standards. A
Designating Party must take care to designate for protection
only those parts of material, documents, items, or oral or
written communications that qualify - so that other portions
of the material, documents, items or communications for which
protection is not warranted are not swept unjustifiably
within the ambit of this Order.
indiscriminate, or routine designations are prohibited.
Designations that are shown to be clearly unjustified, or
that have been made for an improper purpose (e.g., to
unnecessarily encumber or inhibit the case development
process, or to impose unnecessary expenses and burdens on
other parties), expose the Designating Party to sanctions.
comes to a Party's or a non-party's attention that
information or items that it designated for protection do not
qualify for protection at all, or do not qualify for the
level of protection initially asserted, that Party or
non-party must promptly notify all other parties that it is
withdrawing the mistaken designation.
Manner and Timing of Designations.
as otherwise provided in this Order, or as otherwise
stipulated or ordered, material that qualifies for protection
under this Order must be clearly so designated before the
material is disclosed or produced.
in conformity with this Order requires:
for information in documentary form (apart from
transcripts of depositions or other pretrial or trial
proceedings, and regardless of whether produced in hardcopy
or electronic form), that the Producing Party affix the
legend “CONFIDENTIAL” to each page that contains
Protected Material. If only a portion or portions of the
material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s)
(e.g., by making appropriate markings in the margins) and
must specify, for each portion that it is
“CONFIDENTIAL.” The placement of such
“CONFIDENTIAL” stamp on such page(s) shall not
obstruct the substance of the page's (or pages') text
or non-party that makes original documents or materials
available for inspection need not designate them for
protection until after the Receiving Party has indicated
which material it would like copied and produced. During the
inspection and before the designation, all of the material
made available for inspection shall be deemed
“CONFIDENTIAL.” After the Receiving Party has
identified the documents it wants copied and produced, the
Producing Party must determine which documents, or portions
thereof, qualify for protection under this Order. Then,
before producing the specified documents, the Producing Party
must affix the “CONFIDENTIAL” legend to each page
that contains Protected Material. If only a portion or
portions of the material on a page qualifies for protection,
the Producing Party also must clearly identify the protected
portion(s) (e.g., by making appropriate markings in the
for testimony given in deposition or in other pretrial or
trial proceedings, that the Party or non-party offering
or sponsoring the testimony identify on the record, before
the close of the deposition, hearing, or other proceeding,
all protected testimony, and further specify any portions of
the testimony that qualify as “CONFIDENTIAL.”
When it is impractical to identify separately each portion of
testimony that is entitled to protection, and when it appears
that substantial portions of the testimony may qualify for
protection, the Producing Party may invoke on the record
(before the deposition or proceeding is concluded) a right to
have up to twenty (20) days to identify the specific portions
of the testimony as “CONFIDENTIAL.” Only those
portions of the testimony that are appropriately designated
as “CONFIDENTIAL” for protection within the 20
days shall be covered by the provisions of the parties'
Stipulation and this Protective Order.
court reporter must affix to each such page the legend
“CONFIDENTIAL, ” as instructed by the Producing
for information produced in some form other than
documentary, and for any other tangible items (including but
not limited to information produced on disc or
electronic data storage device), that the Producing
Party affix in a prominent place on the exterior of the
container or containers in which the information or item is
stored the legend “CONFIDENTIAL.” If only
portions of the information or item warrant protection, the
Producing Party, to the extent practicable, shall identify
the protected portions, specifying the material as
“CONFIDENTIAL.” 3.3. Inadvertent Failures to
Designate. If timely corrected (preferably, though not
necessarily, within 30 days of production or disclosure of
such material), an inadvertent failure to designate qualified
information or items as “CONFIDENTIAL” does not,
standing alone, waive the Designating Party's right to
secure protection under the parties' Stipulation and this
Order for such material. If material is appropriately
designated as “CONFIDENTIAL” after the
material was initially produced, the Receiving Party, on
timely notification of the designation, must make reasonable
efforts to assure that the material is treated in accordance
with the parties' Stipulation and this Order.
Alteration of Confidentiality Stamp Prohibited.
Receiving Party shall not alter, edit, or modify any
Protected Material so as to conceal, obscure, or remove a
“CONFIDENTIAL” stamp or legend thereon; nor shall
a Receiving Party take any other action so as to make it
appear that Protected Material is not subject to the terms
and provisions of the parties' Stipulation and this
Order. However, nothing in this section shall be construed so
as to prevent a Receiving Party from challenging a
confidentiality designation subject to the provisions of
section 4, infra.